Armed Forces Bill

House of Commons

Session 2005 - 06
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Armed Forces Bill

Armed Forces Bill
Part 8 — Sentencing Powers and Mandatory etc Sentences
Chapter 4 — Imprisonment for Term of Under 12 Months
100

Suspended sentences of imprisonment
199
Suspended sentence orders with or without community requirements
(1)
Subsection (2) applies where (apart from this section) a relevant service court
would have power under section 189 of the 2003 Act to make a suspended
sentence order.
5
(2)
Section 189(1) of that Act shall be read as conferring on the court a power
either—
(a)
to make a suspended sentence order with community requirements; or
(b)
to make a suspended sentence order without community requirements.
(3)
In this Chapter “a suspended sentence order with community requirements”
10
means a suspended sentence order that—
(a)
includes all the provision required by section 189(1) of the 2003 Act (as
modified by subsection (5) below); and
(b)
complies with section 189(3) and (4) of that Act.
(4)
In this Chapter “a suspended sentence order without community
15
requirements” means a suspended sentence order made as if in section 189 of
the 2003 Act (as modified by subsection (5) below) the following were
omitted—
(a)
paragraph (a) of subsection (1);
(b)
in paragraph (b) of that subsection, sub-paragraph (i) (and the word
20
“either” before that sub-paragraph);
(c)
subsection (4) and the reference in subsection (3) to the supervision
period.
(5)
In section 189(1) of the 2003 Act (suspended sentence orders) as it applies to a
relevant service court, paragraph (b)(ii) (commission of UK offence in
25
operational period of order) has effect as if for the words from “commits” to the
end of sub-paragraph (ii) there were substituted “commits—
(a)
another service offence (within the meaning of the Armed Forces Act
2006), or
(b)
an offence in the British Islands,”.
30
(6)
A relevant service court may not specify in a suspended sentence order with
community requirements a requirement to be complied with outside the
United Kingdom.
200
Order without community requirements: provisions not applying
Nothing in the following provisions of the 2003 Act applies in relation to a
35
suspended sentence order without community requirements—
sections 190 to 192 (imposition of community requirements and periodic
reviews);
Chapter 4 of Part 12 (further provisions about orders);
Part 3 of Schedule 12 (amendment of order);
40
Schedule 13 (transfer of order to Scotland or Northern Ireland).

Armed Forces Bill
Part 8 — Sentencing Powers and Mandatory etc Sentences
Chapter 4 — Imprisonment for Term of Under 12 Months
101

201
Order with community requirements: disapplication of certain provisions
The following provisions of Chapter 4 of Part 12 of the 2003 Act do not apply
in relation to a suspended sentence order with community requirements made
by a relevant service court—
section 207(3)(a)(ii) (condition for mental health treatment requirement);
5
section 219(3) (requirement to give copy of order to magistrates’ court).
202
Review of order with community requirements
(1)
In section 191 of the 2003 Act (provision for periodic reviews of order) as it
applies to a suspended sentence order with community requirements made by
a relevant service court—
10
(a)
“the court responsible for the order” means the Crown Court; and
(b)
subsections (3) to (5) shall be treated as omitted.
(2)
In section 210 of that Act (provision for periodic reviews of drug rehabilitation
requirement) as it applies to such an order—
(a)
“the court responsible for the order” means the Crown Court; and
15
(b)
subsections (2) to (4) shall be treated as omitted.
(3)
Section 211 of that Act (periodic reviews of drug rehabilitation requirement)
has effect in its application to such an order as if—
(a)
in subsection (3)(b) for the words from “he could have been dealt with”
to the end there were substituted “it could deal with him if he had just
20
been convicted before the court of an offence punishable with
imprisonment”;
(b)
in subsection (4)(b) the words in brackets were omitted; and
(c)
after subsection (4) there were inserted—
“(4A)
A term of imprisonment or fine imposed under subsection
25
(3)(b)—
(a)
must not exceed the maximum permitted for the offence
in respect of which the order was made, and
(b)
where the order was made by the Service Civilian Court,
must not exceed—
30
(i)
in the case of a term of imprisonment, 12 months;
(ii)
in the case of a fine, the prescribed sum within
the meaning of section 32 of the Magistrates’
Courts Act 1980 (c. 43).”
(4)
Where a sentence is passed under section 211(3)(b) of the 2003 Act as modified
35
by subsection (3) above, section 9 of the Criminal Appeal Act 1968 (c. 19)
(appeal against sentence) applies as if the offender had been convicted on
indictment of the offence for which the sentence was passed.
203
Transfer to Scotland or Northern Ireland of order with community
requirements
40
(1)
In paragraphs 1(1) and 6(1) of Schedule 13 to the 2003 Act (court making
suspended sentence order with community requirements may require
compliance in Scotland or Northern Ireland), “court” includes a relevant
service court.

Armed Forces Bill
Part 8 — Sentencing Powers and Mandatory etc Sentences
Chapter 4 — Imprisonment for Term of Under 12 Months
102

(2)
In paragraphs 1(5) and (6), 3, 6(5) and 8 of that Schedule (ancillary provisions),
“court” (where the context allows) includes a relevant service court.
(3)
Where Part 3 of that Schedule applies to a suspended sentence order made by
a relevant service court—
(a)
references in that Part to “the original court” are to be read as references
5
to the Crown Court; and
(b)
the following shall be treated as omitted—
(i)
the definition of “original court” in paragraph 11;
(ii)
paragraph 12(3).
(4)
Paragraph 20(6)(b) of that Schedule (requirement to give copy of amending
10
order etc to magistrates’ court) does not apply in relation to a suspended
sentence order made by a relevant service court.
204
Amendment of order with community requirements
(1)
In Part 3 of Schedule 12 to the 2003 Act (amendment of order) as it applies to a
suspended sentence order with community requirements made by a relevant
15
service court—
(a)
“the appropriate court” means the Crown Court;
(b)
the reference in paragraph 17 to the court responsible for the order is to
be read as a reference to the Crown Court; and
(c)
paragraphs 13(3), 14(5), 15(6), 16(4), 18(2) and 22(1)(b)(ii) and (d) and (2)
20
shall be treated as omitted.
(2)
Paragraph 15 of that Schedule has effect in its application to such an order as
if—
(a)
in sub-paragraph (4)(b) for the words “of the offence” there were
substituted “of an offence punishable with imprisonment”; and
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(b)
after sub-paragraph (5) there were inserted—
   “(5A)
A term of imprisonment or fine imposed under sub-
paragraph (4)(b)—
(a)
must not exceed the maximum permitted for the
offence in respect of which the order was made, and
30
(b)
where the order was made by the Service Civilian
Court, must not exceed—
(i)
in the case of a term of imprisonment, 12
months;
(ii)
in the case of a fine, the prescribed sum within
35
the meaning of section 32 of the Magistrates’
Courts Act 1980 (c. 43).”
(3)
Paragraphs 2(b) and 3 of that Schedule shall be treated as omitted for the
purposes of Part 3 of that Schedule as it applies to such an order.
(4)
Where a sentence is passed under paragraph 15(4)(b) of Schedule 12 to the 2003
40
Act as modified by subsection (2) above, section 9 of the Criminal Appeal Act
1968 (c. 19) (appeal against sentence) applies as if the offender had been
convicted on indictment of the offence for which the sentence was passed.

Armed Forces Bill
Part 8 — Sentencing Powers and Mandatory etc Sentences
Chapter 5 — Young Offenders: Custodial Sentences Available to Service Courts
103

205
Suspended sentence: further conviction or breach of community requirement
Schedule 7 (modification of Schedule 12 to the 2003 Act in relation to
suspended sentences passed by relevant service courts) has effect.
Supplementary
206
Definitions for purposes of Chapter
5
In this Chapter—
“custody plus order” means an order under section 181(3)(b) of the 2003
Act;
“relevant service court” has the meaning given by section 195(2) of this
Act;
10
“suspended sentence order” means an order under section 189(1) of the
2003 Act;
“suspended sentence order with community requirements” has the
meaning given by section 199(3) of this Act;
“suspended sentence order without community requirements” has the
15
meaning given by section 199(4) of this Act.
Chapter 5
Young Offenders: Custodial Sentences Available to Service Courts
Prohibition on imposing imprisonment on persons under 18
207
Prohibition on imposing imprisonment on persons under 18
20
A person who is aged under 18 when convicted of an offence by the Court
Martial or the Service Civilian Court shall not be sentenced to imprisonment
for the offence.
Detention for certain serious offences
208
Offenders under 18 convicted of certain serious offences: power to detain for
25
specified period
(1)
Subsection (5) (power to pass sentence of detention) applies where—
(a)
a person aged under 18 is convicted by the Court Martial of an offence
under section 42 (criminal conduct); and
(b)
the case is within any of subsections (2) to (4).
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(2)
The case is within this subsection if the corresponding offence under the law of
England and Wales is under that law—
(a)
an offence punishable in the case of an offender aged 18 or over with
imprisonment for 14 years or more; and
(b)
not an offence the sentence for which is fixed by law.
35
(3)
The case is within this subsection if the corresponding offence under the law of
England and Wales is an offence under—
(a)
section 3 of the Sexual Offences Act 2003 (c. 42) (sexual assault);

Armed Forces Bill
Part 8 — Sentencing Powers and Mandatory etc Sentences
Chapter 5 — Young Offenders: Custodial Sentences Available to Service Courts
104

(b)
section 13 of that Act (child sex offences committed by children or
young persons);
(c)
section 25 of that Act (sexual activity with a child family member); or
(d)
section 26 of that Act (inciting a child family member to engage in
sexual activity).
5
(4)
The case is within this subsection if it falls within section 226(1) (certain
firearms offences).
(5)
Where this subsection applies, the court may pass a sentence of detention
under this section if it is of the opinion that none of the other methods by which
the offender may legally be dealt with is suitable.
10
(6)
A sentence of detention under this section is a sentence that the offender be
detained for such period (not exceeding the maximum term of imprisonment
with which the offence under section 42 is punishable in the case of a person
aged 18 or over) as may be specified in the sentence.
(7)
Subsections (5) and (6) are subject to (in particular)—
15
sections 220, 221 and 226 (required custodial sentences for certain
offences); and
sections 259 and 260 (general restrictions on custodial sentences).
209
Detention under section 208: place of detention etc
(1)
A person sentenced to be detained under section 208 is liable to be detained in
20
such place, and under such conditions, as may be determined by the Secretary
of State or by such other person as may be authorised by him for the purpose.
(2)
A person detained in pursuance of a sentence under section 208 shall be
deemed to be in legal custody.
Detention and training orders
25
210
Offenders under 18: detention and training orders
(1)
Where—
(a)
a person aged under 18 is convicted by the Court Martial or the Service
Civilian Court of an offence which is punishable with imprisonment in
the case of a person aged 18 or over, and
30
(b)
the court is of the opinion mentioned in section 259(2) or the case falls
within section 259(3),

the sentence that the court is to pass is (subject to subsections (2) and (3)) an
order that the person shall be subject, for the term specified in the order, to a
period of detention and training followed by a period of supervision.
35
(2)
In the case of an offender aged under 15 at the time of the conviction, the court
may not make an order under this section unless it is of the opinion that he is
a persistent offender.
(3)
In the case of an offender aged under 12 at the time of the conviction, the court
may not make an order under this section unless—
40
(a)
it is of the opinion mentioned in subsection (2);
(b)
it is of the opinion that only a custodial sentence would be adequate to
protect the public from further offending by him; and

Armed Forces Bill
Part 8 — Sentencing Powers and Mandatory etc Sentences
Chapter 5 — Young Offenders: Custodial Sentences Available to Service Courts
105

(c)
the offence was committed on or after such date as may be appointed
under section 100(2)(b)(ii) of the Sentencing Act (appointed day for
purposes of orders under that Act).
(4)
Subsection (1) is also subject to sections 208, 217, 220, 221 and 226 (other
custodial sentences that may or must be imposed in particular cases).
5
211
Term of detention and training order: general
(1)
The term of an order made under section 210 in respect of an offence—
(a)
shall be 4, 6, 8, 10, 12, 18 or 24 months; and
(b)
may not exceed the maximum term of imprisonment with which the
offence is punishable in the case of a person aged 18 or over.
10
(2)
Where—
(a)
the offence is an offence under section 42 (criminal conduct),
(b)
the corresponding offence under the law of England and Wales is
under that law a summary offence, and
(c)
the maximum term of imprisonment with which that offence is
15
punishable in the case of a person aged 18 or over is 51 weeks,
the term of the order may not exceed 6 months.
212
Application of provisions relating to civilian detention and training orders
(1)
In the following provisions of the Sentencing Act references to a detention and
training order include an order under section 210 of this Act—
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section 101(3) to (10) and (13) (power to impose consecutive terms, duty
of court to take account of remands, etc);
sections 102 to 105, 106A and 107 (period of detention and training, period
of supervision, breach of supervision requirements, etc).
(2)
In sections 101(3) to (10) and (13) and 106A of the Sentencing Act “court”
25
includes a relevant service court (within the meaning given by section 195(2)).
(3)
In section 101(8) and (9) of the Sentencing Act in their application to an order
under section 210 of this Act, any reference to an offender’s being “remanded
in custody” is a reference to his being kept in service custody; and section
101(11) and (12) of that Act do not apply in relation to such an order.
30
213
Offences during currency of detention and training order
(1)
This section applies to a person in respect of whom an order under section 210
has been made if—
(a)
after his release and before the date on which the term of the order
ends, he commits an offence within subsection (2) (“the new offence”);
35
and
(b)
whether before or after that date, he is convicted of the new offence.
(2)
An offence is within this subsection if it is—
(a)
a service offence which is punishable with imprisonment; or
(b)
an offence in the British Islands which is so punishable.
40
(3)
A court having power to do so under subsection (4) or (5) may order the person
to be detained in such secure accommodation as the Secretary of State may
determine for the whole or any part of the period which—

Armed Forces Bill
Part 8 — Sentencing Powers and Mandatory etc Sentences
Chapter 5 — Young Offenders: Custodial Sentences Available to Service Courts
106

(a)
begins with the date of the court’s order; and
(b)
is equal in length to the period between the date on which the new
offence was committed and the date mentioned in subsection (1).
(4)
Where the Court Martial or the Service Civilian Court convicts the person of
the new offence, the court may on the conviction make an order under
5
subsection (3).
(5)
Where the offender is convicted of the new offence otherwise than by the Court
Martial or the Service Civilian Court, the Court Martial may make an order
under subsection (3) if the offender appears or is brought before it following
the issue of a summons or warrant under subsection (7).
10
(6)
Where an order under subsection (3) is made on the conviction of the new
offence, the order must be in addition to the sentence for the new offence, and
the period for which the person is ordered under subsection (3) to be
detained—
(a)
shall, as the court may direct, either be served before and be followed
15
by, or be served concurrently with, any sentence imposed for the new
offence; and
(b)
in either case, shall be disregarded in determining the appropriate
length of that sentence.
(7)
If it appears to the Court Martial—
20
(a)
that this section applies to a person,
(b)
that his conviction of the new offence was not by the Court Martial or
the Service Civilian Court, and
(c)
that no order under subsection (3) or under section 105 of the
Sentencing Act has been made in respect of the new offence,
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the Court Martial may issue a summons requiring the person to appear at the
time and place specified in it, or a warrant for his arrest.
(8)
A person detained in pursuance of an order under subsection (3) shall be
deemed to be in legal custody.
214
Section 213: definitions etc
30
(1)
Section 101(13) of the Sentencing Act (treatment of concurrent and consecutive
terms) applies for the purposes of the reference in section 213(1)(a) of this Act
to the term of an order.
(2)
Where the new offence (within the meaning of section 213) is found to have
been committed over a period of two or more days, or at some time during a
35
period of two or more days, it shall be taken for the purposes of that section to
have been committed on the last of those days.
(3)
In section 213 “secure accommodation” has the meaning given by section 107
of the Sentencing Act.
215
Appeals against orders under section 213
40
(1)
This section applies where an order under section 213 (“the relevant order”) is
made.
(2)
For the purposes of sections 284 to 286 (appeals from Service Civilian Court)
or, as the case may be, the Court Martial Appeals Act 1968 (c. 20)—